SAPPINGTON v. UNITED STATES

No. 75-1149.

518 F.2d 28 (1975)

Daniel Lee SAPPINGTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1975.

Rehearing Denied June 23, 1975.


Attorney(s) appearing for the Case

Larry E. Stead, Director, Prisoners Legal Assistance Project, Marion, Ill., for appellant.

Donald J. Stohr, U. S. Atty., and Richard E. Coughlin, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before GIBSON, Chief Judge, and HEANEY and STEPHENSON, Circuit Judges.


PER CURIAM.

Daniel Sappington, in this post-conviction proceeding, seeks to vacate his sentence for failure of the sentencing judge to make an explicit finding that he would not have benefited from treatment under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. The petitioner, who was twenty-one years old at the time of conviction and sentence, was sentenced as an adult. The District Court denied relief stating that the "no benefit" finding was implicit...

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